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HomeMy WebLinkAboutPW11-263 - Original - Rittenhouse Consulting - SR 516 to 231st Way Levee Acquisition of Right-of-Way Negotiation Services - 08/04/2011 Records M_arva`g* eme� KENT Document WgSHINGTON �H#+ CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: Rittenhouse Consulting Vendor Number: JD Edwards Number Contract Number: I� ' o2co This is assigned by City Clerk's Office Project Name: SR 516 to 231st Way Levee Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: Date of Mayor's signature Termination Date: 12/31/11 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Beth Tan Department: Engineering Detail: (i.e. address, location, parcel number, tax id, etc.): Provide professional negotiation services for the acquisitionof right-of-way for the project. 5 Publlc\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 --000,0" 000*0"0*4 KEN T A I I I I cra" PROFESSIONAL SERVICES AGREEMENT between the City of Kent and Rittenhouse Consulting THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Rittenhouse Consulting organized under the laws of the State of Washington, located and doing business at 6229 121st Ave. SE, Bellevue, WA 98006-4422, Phone: (206) 714- 0826/Fax: (425) 641-4091, Contact: Anne Rittenhouse (hereinafter the "Contractor"). I. DESCRIPTION OF WORK. Contractor shall perform the following services for the City: The Contractor shall provide professional negotiation services for the acquisition of right-of-way for the SR 516 to 2315t Way Levee project. For a description, see the Contractor's June 7, 2011 Scope of Work which is attached as Exhibit A and incorporated by this reference. Contractor further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement, and Contractor shall complete the work by December 31, 2012. III. COMPENSATION. The City shall pay Contractor a total amount not to exceed Twenty Thousand Dollars ($20,000.00) for the services described in this Agreement. The Contractor shall invoice the City monthly based on time and materials incurred during the preceding month. The hourly rates charged for Contractor's services shall be as delineated in the attached and incorporated Exhibit A. All hourly rates charged shall remain locked at the negotiated rates throughout the term of this Agreement. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Contractor maintains and pays for its own place of business from which Contractor's services under this Agreement will be performed. C. The Contractor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Contractor's services, or the Contractor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Contractor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. PROFESSIONAL SERVICES AGREEMENT - 1 (Over$10,000) E. The Contractor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Contractor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Contractor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party seven (7) calendar days written notice at its address set forth on the signature block of this Agreement. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Contractor, its subcontractors, or any person acting on behalf of the Contractor or subcontractor shall not discriminate against any person who is qualified and available to perform the work to which the employment relates as provided for by the City of Kent's Equal Employment Opportunity Policy. Contractor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Contractor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. The provisions of this section shall survive the expiration or termination of this Agreement. In the event Contractor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Contractor's part, then Contractor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Contractor's part. VIII. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. XII. CONTRACTOR'S WORK AND RISK. The Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those services. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. PROFESSIONAL SERVICES AGREEMENT - 2 (Over$10,000) C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law, provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. Should any language in any of the exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. IN WITNESS, the parties below execute this Agreement.. which shall become effective on the last date entered below. CONTRACTOR: CITY OF KENT: By: By sag tune) p Print Name: c�� : 4Z__ � tZ '��e��hoks2 lo���, n (signature) Pri Na Its: � uzette Cooke — (title) It Ma or DATE: DATE: W,/Z NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: Anne Rittenhouse Timothy 1. LaPorte, P.E. Rittenhouse Consulting City of Kent 6229 121s` Ave. SE 220 Fourth Avenue South Bellevue, WA 98006-4422 Kent, WA 98032 (206) 714-0826 (telephone) (253) 856-5500 (telephone) (425) 641-4091 (facsimile) (253) 856-6500 (facsimile) PROFESSIONAL SERVICES AGREEMENT - 3 (Over$10,000) APPROVED AS TO FO M: Ke t Law Department PROFESSIONAL SERVICES AGREEMENT - 4 (Over.$10,000) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this day of �.��� , 20�. By For: Title: � e T Date: EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Rittenhouse Consulting Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as SR S16 to S. 2315t Way Levee that was entered into on the August 4, 2011, between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this±_ day of 201 3 . By: For: :��e»��o�� Title: Date: -N3 EEO COMPLIANCE DOCUMENTS - 1 1 Rittenhouse Consulting Right-of-Way,Relocation and Real Estate Services q< r� EXHIBIT A June 7, 2011 Beth Tan, P.E , Engineer 3 Environmental Engineering 400 W Gowe St. Kent, WA 98032 RE: SR 516 to 231"Way Levee Project,#09-3006 Dear Ms. Tan: Thank you for allowing me to submit a proposal on the above-referenced project, as outlined in our meeting on June 3rd. Please accept this letter as a Consulting Proposal/Scope of Work as follows: PROPOSAL/SCOPE OF WORK This Proposal/Scope of Work is for Profession Negotiation for the acquisition of right-of-way needed for the following four parcels: 1. Private roadway in Signature Point @ SR516 - Title Report# 1137539 2. Three parcels adjoining easterly right-of-way of Russell Road between James St. and 53`d Ave. S. - Title Reports# 1114182, 1114183 and 1114184. It is estimated that this work will take approximately$5,000 per parcel,for a total of$20,000, and will be billed at$85 per hour Preparation of the necessary packets needed for the negotiation and acquisition work will be performed under the direction of your consultant Jerry McCaughan, of GB McCaughan&Assoc. The City will provide, where applicable, the most recent engineering/utility/design plans, title reports and appraisals at the beginning of the project, and will provide any changes to plans, supplemental title reports, etc., throughout the project The City will also provide approved documents (i.e. deeds, utility/easements, etc) for negotiator packets. Excise Tax Affidavits, where applicable, and vendor forms will be completed by Rittenhouse Consulting. The City will arrange appraisal schedules so that the negotiator agent can be present. Additional standard charges such as mileage and customary reimbursements (copies, long distance phone calls, etc ), if any, will be billed at actual cost. 6229121"Avenue SE+Bellevue, WA +98006-4422 Office 206-714-0826+Fax 425-641-4091+Rltts@contcastnet The potential remaining 14 properties, if needed, will be addressed at a later date when more detailed information is available. NOTE: This proposal does not include the preparation of legal documents until said documents have been approved by the appropriate agencies. MISSION STATEMENT Rittenhouse Consulting will represent the City of Kent professionally and ethically at all times, and treat property owners with respect. If you require anything further from me, please do not hesitate to contact me. Sincerely, Anne Rittenhouse, SR/WA, R/W-RAC, R/W-NAC Owner, Rittenhouse Consulting 622912l'Avenue SE♦Bellevue, WA ♦ 98006-4422 Office 206-714-0826♦Fax 425-641-4091♦Rius@conicasf.net EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single it for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. EXHIBIT B 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. 07/11/2011 16:17 4259171315 HLRABLE & DAVENPORT PAGE 01/01 ACORD, CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYI� 07/11/2011 HIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(es)must be endorsed. If SUBROGATION IS WAIVED,subject th the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PROCNICER CQNTAUT NAME' Humble & Davenport Insurance Brokers, Inc. jpreNJ Extr•PHONE 425.226.8221 ACNo_42_S.2S5.9342 3500 Maple Valley Highway n oAREss- ^ Renton, WA 99055 PRODUCER C}t91.OMER 10#: _ _ INSURERIS)AFFOROINO COVERAGE _ NAIC N INSURED INSURCRA: Maryland Casualty Insurance Co.4 Rittenhouse Consulting INSURPRB-. Darwin Select Insurance Co. 6229 121st Avenue SE INSURER0: __ u Bellevue, WA 99006-4422 1 INSURERDt ti INSURER E; _ INSURER F: - COVERAGES CERTIFICATE NUMBER:GL/AU/SG REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS LTR TYPE OF INSURANCE INSR WVD ~POLICY NUMBER MM/DD(YYY MM/OOPMV LIMITS PENERAL LIABILITY PAS00014067 5 09M612011 09)1612012 EACH OCCURRENCE S 1,00�QO X COMMERCIAL GENERAL LIABILITY T�� $ 1 000r 000 I;MISES�Eaetturr?nFe)_- ,_ _ CLAIMS-MADE OCCUR OCCUR _MED EXP(Any one person) S 10,00 A PERSONAL B,ADV INJURY $ ry GENERALAGGRWATE .$ 2,000.000 GENII.AGGREGATE LIMIT APPLIES PER, PRODUCTS.COMPIOPAGG S 2,000,000 X POLICY F L 0 C 9 AUTOMOBILE LIA131LITY PAS00014067 09116/2011 09116/2012 COMBINED SINGLE,LIMIT (En Awldenq $ ANY AUTO 1,000,00 ALL OWNED AUTOS BODILY INJURY Toe parscn) S BODILY INJURY(Per mac llt) $ A SCHEOULEDAUTOS PROPERTYDAMACX S X HIREDAUTOS (Par acedent) X NON-OWNED AUTOS Ei_', UMBRELLAUAI UR EACH OCCURRENCEEXCESS LIAR SMADEAGGREGATE, DEDUCTIBLE _.. $ RETENTION S $ XIIIIII PAS00014067S 091IW2011 091IW2012 we sT ru- X CTH- ANDEMPLOYERS'LIAMLITY YIN JZYLIMIT ER_ ANY PROPRIETORIPARTNERIEXECUI WA STOP GA E L EACH ACCIDENT $ 1,000,Q00 A OFFICERiMEMBER EXCLUDED? N(A (Mendaforyln NH) EL DISEASE-EA EMPLOYEE $ 11000,00C tryea daeeribo under —' DESCRIPTION OF OPERATIONS below El DISEASE.POLICY LIMIT $ 1 000 000 B Professional Liability. 0305398 03/1212011 03/12/2012 $1M Occurrence SIM Aggregate ESCRIPTIO OF OPERATIONS/LOCA OH$I VEHICLES (Attach ACORD 101.Additional Remarks Schedule,If Motu space la Mqulrad) Riy9it of way consuJM-ing artificate holder included as an additional insured with respects to the work performed by the tmed insured for the certificate holder. Werage is Primary/Non-Contributory. ERTIFICATE HOLDER CANCELLATION AX: 2S3.856.6500 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, City of Kent / Attn: Engineering Dept. AUTHORI7,ED REPRESENTATIVEAttn: Nancy Yoshitake 220 "4th" Avenue S Keritp WA 98032 Robert: Davenport/Bon 01988.2009 ACORD CORPORATION. All rights reserved. :ORD 25(20091091 Tho nrIoRn names a^4 logo are registered marks of ACORD Received Time Jul. 11. 2011 4: 14PM No. 7828 0910912009 14:39 Humble&Davenport (FAX)425 255 9342 P.0031020 COMMERCIAL GE14ERAL LIABILITY CG 2010 07 04 EAD IT CAREFULLY. ADDITIONAL INSURED - OWNERS LESSEES OR CONTRACTORSCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Ensured Person(s) Or Or anization c • Location(s)Of Covered Operations As required by written agreement or contact. Information required to complete this Schedule, if not shown above, will be shown in the Declarations, A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional exclu- organization(s) shown in the Schedule, but only sions apply with respect to liability for"bodily injury", "property „ damage" or "personal and advertising injury" This Insurance does not apply to bodily injury" or caused,In whole or in part, by property damage occurring after r sed,You in w ole ororomi in ions; or 1. All work, including materials, parts or equip- ment furnished in connection with sslCh_vrork, 2 1 he acts or omissions at ose acing on your on the project(other than service, maintenance behalf, or repairs) to be performed by or on behalf of in the performance of your ongoing operations for the additional insured(s) at the location of the the additional insured(s) at the location(s) desig- covered operations has been completed, or rated above. 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project C113 2n 1 n 97 04 0 ISO Proportica, Inc., 2004 Pagel of 1 —Received Time—Sep. 9, -2009 2: 38PM No. 4837 09109/2009 14:39 Humble&Davenport (FAX)425 255 9342 P.0041020 POLICY #PASOOD140675 For Primary coverage see rage 12 COMMERCIAL GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY COVERAGE FFFFFFFFFORM Various provisions in this policy restrict coverage- Read the entire policy carefully to determine rights, 1. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations,and any other person or organization qualifying as a Named Insured under this policy. The words "we", "us" and "our"refer to the Company providing this insurance The word"Insured"means any person or organization qualifying as such under SECTION II- WHO 1S AN INSURED. Other words and phrases that appear In quotation marks have special meaning.Refer to SECTION V -DEFINITIONS. Coverage provided by this form is also subject to all the Conditions in the COMMON POLICY CONDITIONS form. SECTION OF THIS FORM BEGINS ON PAGE Section I- Coverages ...... 1 Coverage A. Bodily Injury and Property Damage Liability.—1 Coverage B. Personal and Advertising Injury Liability Coverage C. Medical Expenses 7 Supplementary Payments- Coverages A and Section It - Who is An Insured—„.__ � 8 Section III - Limits of Insurance Section IV - Commercial General Liability Conditions..__._._._-. I I Section V - Dof€nitions..„.._____+.._____.____.__ ___ 13 Section VI - Broad Forrn Nnrlasr Fxrlricinn I€ SECTION I - COVERAGES not apply. We may, at our discretion, COVERAGE A BODILY INJURY AND PROPERTY investigate any "occurrence" and settle DAMAGE LIABILITY any claim or "gulf that may result But 1. insuring Agreement 11 i The amount we will pay for dam- ages is limited as described in SEC- a- We will pay those sums that the insured TION Ill-LIMITS OF INSURANCE,and becomes legally obligated to pay as (2) Our right and duty to defend end damages because of "bodily injury" or when we have used up the apply "property damage" to which this insur- cable limit of insurance in the pay- ance applies.We will have the right and ment of judgments or settlements duty to defend the insured against any unripr C-, eirage;A - or-_r_al _l "suirsaw ng r Oise amages.However, expenses under Coverage C. we will have no duty to defend the in- sured against any "suit:' seeking dam- No other obligation or liability to pay sums ages for "bodily injury" or "property or perform acts or services is covered damage" to which this Insurance does unless explicitly providod for under lr,46, r:gd#rnd rtmvia]of vrue"m Sevkm OIF=lrc.rnh Im Pam yin Cmyro Imo, a swl=grim 1z 1 E97 9S2001 Ed. 4-99 CCPrrdNL 19 Wbry rdC' IW CUIPnv.031001 id"I 1Md"11410 Page 1 of 17 —Received Time—Sep. 9. -2009 2, 38PM—No. 4837 0910912009 14:40 Humble& Davenport (FAX)425 255 9342 P.0051020 SUPPLEMENTARY PAYMENTS - COV- (b) Such attorney fees and liti ation ERXG expenses are or defense of that b This insurance applies to "bodily injury party against a civil or altama- and "property damage' only tive dispute reso€ution proceed- ing in which damages to which 11) lire"hnAly inji i rr"or"property clam— this in uranna applies are alleged age" is caused by an "occurrence" that takes place in the "coverage c Liquor Liabiiily territory"; and "Bodily injury"or"property damage"for _ which any insured may be held liable b (Z Tho'bodily injury"or"property dam reason of age" occurs during the policy pe- riod. (1) Causing or contributing to the in- c. Damages because of"bodily injury"in- toxIcation of any person; clude damages claimed by any person (2) The fuinfsh�n��vor­�� or organization for care, loss of ser- ages to a person under the legal vices or death resulting at any time from drinking age or under the influence the "bodily injury". of alcohol; or 2. Exrfuslons (2) Any statute, ordinance or regulation This insurance does not apply to: relating to the salo, gift, distribution or use of alcoholic beverages. a. Expected Or intended Injury This exclusion applies only if you are in expected or intended from the stand- uting, selling, serving or furnishing al- point of the Insured This exclusion does ccholic beverages. not apply to"bodily Injury" resulting from d Workers' Compensation And Similar the use of roasonable force to protect Laws persons or property. b. Contractual Liability Any obligation of the insured under a workers' compensation, disability ben-- 'Bodily injury"or"property damage"for efts or unemployment compensation law whi �F, F.., insured ..I-.I:na.. _ 12 damages by reason of the assumption e, Employer's Liability of liability in a contract or agreement This exclusion does not apply to liability "Bodily Injury" to: for damages: (1} An "employee" of the insured arts- (1) That the insured would have in the ing out of and in the course of: absence of the contract or agree, men; or la) Employment by the insured; or (2) Assumed in a sentraet ar agpe (b) Performina duties related to the that Is an "insured contract", pro- conduct of the Insured's busi- vided the "bodily injury" or "prop-- ness; or erty damage" occurs subsequent to 12) The spouse,child,parent, brother or the execution of the contract or sister of that"employee" as a con— agreement Solely for the purposes sequence of Paragraph (1)above. of liability assumed in an "insured contrar-C, reasonable attorney fees This exclusion applies: and necessary litigation expenses (1) Whether the insured may be liable incurred by or for a party other than as an employer or In any other ca- an insured are deemed to be dam- pacity; and ages because of "bodily injury" or "property damage", provided (2) To any obligation to share damages with or repay someone else who N11 I iAkillt1 to a 1r•h parts F oG or, must pay damages e of the the cost of,that party's defense injury, has also been assumed in the same"Insured contract"; and This exclusion does not apply to liability assumed by the insured under an 'in- sured cunti tl&daa capy6dnad M1�1a1 r(6c,n=SkW=016ra Im,alvr it,Fmnxhm cs, r�+.ira�.arca s�iranarm 1Y, 1� 9S2001 Ed. <I-99 C Kndt,ISRSL N mirprd r,ggiry 0Xatry,oa to DEUT.1 1=12ni rmivt Page 2 of 17 —Received Time—Sep. 9, -2009— 2: 38PV—No. 4837 09/09/2009 14:40 Humble&Davenport (FAX)425 255 9342 P.0061020 f. Pollution on any insured's behalf are per- (1) "Badily injury"or"property damage" orm ng operations If the "pol- arising out of the actual, alleged or lutants' are brought on or to the threatened discharge, dispersal, premises,site orlocaffon in con- seepage, migration, release or es- nection with such operations bcape of m'poilutantg� contractor. However, this sub- (a) At or from any premises,site or paragraph does not apply to- location which is or was at any (� "Bodily injury" or "property time owned or occupied by, or rented 0 one o, any insure . escape of fuels,lubricants or However.this subparagraph doss other operating fluids which not apply to: are needed to perform the {I) "Bodily injury" if sustained normal electrical,hydraulic or —witHri a building and caused mechanical unctions neces- by smoke, fumes, vapor or sary for the operation of soot from equipment used to "mobile equipment' or its heat that building; parts,if such fuels,lubricants (II) "Bodily Injury" or "property or other operating fluids or- damage" for which you may cape from a vehicle part designed to hold, store or be held liable, if you are a receive them.This exception contractor and the owner or does not apply if the"bodily lessee ch nrpmi ry or grope amage or location has been added arises out of the intentional to your policy as an additional discharge. dispersal or re- insured with respect to your lease of the fuels, lubricants ongoing operations per- or other operating fluids, or formed for that additionai If such fuels, lubricants or insured at that premises,site other operating fluids are or location and such pre- brought on or to the pre- mises, site or location is not mises, site or location with and never was owned or [he MOILML thdL Lfiey be is- occupied by, or rented or charged, dispersed or re- loaned to,any insured,other leased as part of the opera- than that additional insured; tions being performed by or such insured, contractor or (iii) "Bodily injury" or "property subcontractor; damage"arising out of heat, (iI) "Bodily injury" or "property smoke or fumes from a damage" sustained within a "hostile fire"; building and caused by thn lb) At or from any premises, site or release of gases, fumes or location which is or was at any vapors from materials time used by or for any insured brought into that building in or others for the handling, stor- connection with operations age, disposal, processing or heiny perfermad by you or treatment of waste; on your behalf by a contrac- {e) Which are or were at any time tor or subcontractor; or transported, handled, stored, Iiii) "Bodily injury" or "property treated, disposed ofr or pro- damage" arising out of heat, sassed as waste by or for any smoke or fumes from a insured or any parson or orga- "hostile fire", or nization for whom you may be (e) At or from any premises, site or legally responsible; r_• (d) At or from any promises, site or any contractars or subcontrac- location on which any insured or hors working directly or indirectly any contractors or subcontrac- on any insured's behalf are per- tors working directly or indirectly forming operations if the opera- Ird�ccpyrigilw rrausial of 1s sorolm,❑IGa,im w•T lu pml=kn r! IM7 L{cpy Imm ry 5&v1=0IRM he IS37 952001 Ed. 4-99 �+ luniy2MraaaI [ory+l•anwotW"Ilurivdr in= gags 3 of 17 —Received Time—Sep, 9. -2009— 2:38PM No. 4837 0910912009 14:40 Humble&Davenport (FAH)425 255 9342 P.0071020 tions are to test for, monitor, (4) Liability assumed under an "insured remove,cluari up, treat, contract' or the ownership, main- detoxify or neutralize, or In any tenance or use of aircraft or wa- way respond to, or assess the tercraft; effects of, "pallutantsg'. 151 "Bodily injury"or"property damage" (21 Any loss castor expens€arising out arising out or the operation of any of any: of the equipment listed in Paragraph (a) Request,demand,order or state- f.(2)or 1_(3)of the definition of'mo- tory or regulatory requirement bile equipment'; or insuredthat any or o n aircraft you do not own that you for, monitor, clean up, remove, charter with crew. contain, treat, detoxify or neu- tralize,or in any way respond to, or assess the effects of "pal- "Bodily injury"eF "prapert• darnayr lutants", or arising out of: Ib) Claim or suit by or on behalf of (1) The transportation of"mobile equip- a governmental authority for ment" by an"auto"owned or apar- damages because of testing fnr, atad by or rented or loaned to any monitoring,cleaning up, remov- Insured; or ing,containing,treating,detoxi- fying or neutralizing, or in any (2) The use of "mobile equipment' in, way responding to, or assess-- orwhife in practice for,orwhile being • _ .e__ _rr. of n i. ..r....-.�...J F ,s- �— ing, speed, demolition, or stunting However, this paragraph does not activity. apply to liability for damages because L War of "property damage" that the in- sured wuuld have in the absence of "Bodily injury"or'property damage"due such request, demand, order or to war,whether or not declared, or any statutory or regulatory requirement, act or condition incident to war. War or such claim or"suit' by or on be- includes civil war, insurrection, rebel- half of a governmental authority liar,e r .ri_. TF.•..exef.._r f r2V6ioovi; rills e�ccros g_ Aircraft Auto Or Watercraft only to liability assumed under a con— tract or agreement "Bodily injury" "property damage" j. Damaga To Property arising out of thehe ownership, mainte- nance, use or entr ustment to others of "Property damage" to: any aircraft,"auto"or watercraft owned ar operated by or rented or loaned to (1) Property you own,rant, or occupy; any insured.Use includes operation and (2) Premi yo u u sell, "loadin or unloading" - L y�Y - give away o aban— . This exclusion does not apply to: out of any part of those premises. (1) A watercraft while ashore on pre— (3) Property loaned to you; mises you own or rent; (4) Personal ro e p p rty in the rare, cus- (2) A watercraft you do not awn that tody or control of the insured; Is: (5) That particular part of real property (a) Less than 51 feet long;and on which you or any contractors or subcontractors working directly nr (bl Not being used to carry persons indirectly on your behalf are per— or property for a charge; . forming operations, if the"property (3) Parking an"auto"on,or on the ways damage"arises out of those opera— next to, premises you own or rent, tions; or piuvidedtha"a="is no wne y 16) That particular part of any property or rented or loaned to you or the that must be restored, repaired or insured, replaced because "your work" was incorrectly performed on it �rdmbm ayprd7W=ivim"r ii " =ssv=oiam kc,vJu,ie e„d=m 952001 Rd, 4-29 ir-.�i��.o"o aodj6 Gimt r"d rwinm; cyryrtd>_ rasa,m"y w c"m ' Page 4 of 17 Received Time Sep, 9. 2009 2: 38PM—No. 4837 0910912009 14:41 Humble&Davenport {FA)()425 255 9342 P.0081020 Paragraphs( ),(3)and (41 of this exclu- the loss of use, withdrawal recall in- sbi I do not apply to-property clarnaff spection,repair,replacement,adjustment to premises, including the contents of removal or disposal of. such premises,rented to you for a pe- riod of 7 or fewer consecutive days.A P separate limit of insurance applies to (2) "Your WoFkff, or Tenants Legal Liability as described in SECTION III - LIMITS OF INSURANCE. (3) "Impaired property"; Paragraph(2)of this exclusion does not If such product, work, or property is apoly if the premises are 'your work' withdrawn or recalled from the market and were never occupied,rented or held or from use by any person or organi- for rental by you. zation because of a known or suspected defect, deficiency, inadequacy or dan- Paragraphs (3), [4), (5) and (6) of this gerous condition In It exclusion do not apply to liahillty as- o Professional sutned under a sidetrack agreement Paragraph (5)o f this exclusion does not 111 "godly injury"or"property damage" apply to- "property damage" included in arising out of the rendering or fail- the 'products-completed operations ure to render any professional ser- hazard" vice, including but not limited to: k Damage To Your Product (a) Accounting,advertising,architec- tural,drafting,engineering,finan- 'Property damage" to "your product' cial, insurance or legal or any part of it advice and instruction; L Damage To Your Work (b) Medical, cosmetic, dental, ear "Property damage"to"your work"aris- piercing,hair dressing,massage, ino out of It or any part of it and in- physical therapy. veterinary, cluded in the"products-completed op- nursing, surgical or x-ray ser- erations hazard". vices, advice and instruction; This exclusion does not apply if the (c) Use of any tanning booth, tan- damaged work or the verb ni rt nf, ,ham ninq bed tanning eaubment or the damage arises was performed on tanning device; Your behalf by a subcontractor. (d) Laboratory operations or Ber- m. Damage To Impaired Property Or Prop vices, whether medical or not, erty Not physically Injured and "Property damage" to "Impaired prop- (e) Services performed as a funeral arty"or property that has not been physi- director or as an operator of a cally injured, arising out of cemetery; and A e ec, e Ic ency, Ina quacy or vice or dangerous condition in"your prod- instruction for the purpose of uct' or "your work"; or appearance or skin enhancement, hair removal or replacement or 12) A delay or failure by you or anyone personal grooming. acting on your behalf to perform a contractor agreement in accordance (2) This exclusion does not apply to. with its terms. [a) Pharmacological services If: This exclusion does not apply to the loss fl You do business aq a retail of use of other property arising out of drugstore and do not manu- sudden and accidental physical injury to facture or compound in bulk ,your product/ or "your work' after it pharmaceuticals for sale by has been put to its intended use_ others; and Recall c s, or r impaired 110 The"bodily injury"or"prop- Property erty damage" is not caused Damages claimed for any loss, cost or by the willful violation of apenal statute or ordinance expense incurred by you or others for kxN&. Rumddal al Irat -e I=or"I e wU,lu FrdsdM " ITv, Sevi=C)M.%Ire. 1897 9S20p 1 Ed, 4-99 CcMdShl Imo_,r.ti r�d Wnniry u�nrtl.�"rnao;acal tad a d rwL�vq Page 5 of 17 —Received Time—Sep. 9, -2009— 2: 3M No. 4837 0910912009 14:41 Humble&Davenport (FAH)425 255 9342 P.0091020 I relating to the sale of phar- the offense was committed in the"cov- !11111-uUticals by or with the erage err o during the policy per- knowledge or consent of any riod insured; 2. fcxcluslons (b) Optical or hearing aid services, including-'a pA escl ibing, PFepa- This inrur;innm does net apply tol ration,production,mounting, fit- a. "Personal and advertising in)ury'"; ting, demonstration or distribu- tion of ophthalmic lenses and (1) Caused by or at the direction of the similar products or hearing aid insured with the knowledge that the services. act would violate the rights of an- other and would inflict"personal and p. Personal And Advertising Injury advertising injury"; "Bodily injury" arising out of "personal (2) Arising out of oral or written pub- and acl=tis Icat2 of material, if done by or at Exclusions c,through o.do not apply to"prop- the direction of the insured with erty damage" to premises while rented to you knowledge of Its falsity; or temporarily occupied by you with permis- (3) Arising out of oral or written pub- sion of the owner.A separate limit of Insurance ligation of material whose firstpub— applies to Tenants Legal Liability, as described IicaE(on took place before the be- an SECTION III - LIMMS OF INSURANCE, ginning of the policy period; COVERAGE 13. PERSONAL AND ADVERTISING (4) Arising out of the willful violation u n too t tnnn m, a penal statute or ordinance com- a. insuring Agreement rri by or with the consent of any Insured; a We will pay those sums that the insured (5) For which the insured has assumed becomes legally obligated to pay as agreement t or a i n a contract damages because of"personal and ad- liability9 vertising injury" to which this insurance This exclusion does not apply to li- applics. We will have the right and duty ability for damages that the insured " would have in the absence of the to defend the insured against any suit' .,,.+ .... _.._....-.. those „n+r will have no duty to defend the insured (6) Arising out of a breach of contract, against any "suit' seeking damages for except an implied contract to use "personal and advertising injury"to which another's advertising idea in your this insurance does not apply. We may, "ndvertfsemenf'; at our discretion,investigate any offense and settle any claim or "suit" that may (7) Arising out of the failure of goods, result But products or services to conform with any statement of quality or perfor- (1) The amount we will pay for dam- F nn a�� ••_•, ., _y ages Is limited as described in SEC- TIONwrong III-LIMITS OF INSURANCE;and 9 g descrip- Eion of the price of goods, prod- 12) Our right and duty to defend end ucts or services stated in your"ad- when we have used up the appli- vertisoment'; cable limit of insurance in the pay- ment of judgments or settlements 0) Committed by an insured whose busi- under Coverages A or B or medical tress is advertising, broadcasting, expenses under Coverage C. publishing or telecasting. However, this exclus(on does not apply to No other obligation or liability to pay sums Paragraphs t 4.a.,b.and c.of"per- or perform acts or services is covered sonal and advertising injury' under unless explicitly provided for under SECTION V - DEFINITIONS; or SUPPLEMENTARY PAYMENTS - COV- nr_cc A OND n inn ., ..etual threatened discharge, dispersal, b. This insurance applies to "personal and seepage, migration, release or es- advertising injury' caused by an offense cape of"pollutants" at any time. arising out of your business but only If l+duh�tYlryri�Jpdm1c61NO, sw St noelan F197NhIle pmis�m rq/ri A heuart9 Strvias also.12,i997 9S2001 Ed 4-99 cT*+EK MR Kry UW a=iry t�p";,MS l"",bllud I L prd m+ititao Page 6 of 17 Received Time Sep. 9. 2009 2: 38PM No. 4831 0910912009 14:41 Humble 9 Davenport (FAX)425 255 9342 P.0101020 b_ Any loss, cost or expense arising out a. To any insured. of any. b. To a person hired to do work for or on (1) Request, demand or order that any behalf of any insured or a tenant of any insured or others test For, monitor, insured. clean up, remove, contain, treat, a mises you own or rent that the person respond to, or assess the effects of, 'pollutants ; or normally occupies. (2) Claim or suit by or on behalf of a d To a person, whether or, not an "am- because of testing for. monitoring, the "bodily injury" are payable or must cleaning up, removing, containing, be provided under a workers' compen- treating, detoxifying or neutralizing, sation or disability benefits.law or a similar or in any way respondIng to or as- law. sessing the effects of, "pollutants". a To a person Injured while taking part in COVERAGE C. MEDICAL PAYMENTS athletics. 1. Insuring Agreement f. Included within the"products-completed oparationc hazard". a We will pay medical expenses de- 9. Excluded under Coverage A scribed below for 'bodily injury' caca used by an accident h [Due to war,whether or not declared,or 1 On premises eu o an actorconditiionincide incident w a nc udes civil war, insurrection, rebel- (2) On ways next to premises you own Icon or revolution. or rent; or SUPPLEMENTARY PAYMENTS - COVERAGES (3) Because of your operations; A AND B provided that: L We will pay, with respect to any claim we 11) The accident takes place in the"cov- Investigate or settle,or any"suit"against an erage territory"and during the policy insured we defend period- All 12) The expenses are Incurred and re- b. The cost of bail bonds required because ported to us within three years of of accidents or traffic law violations the date of the accident; and arising out of the use of any vehicle to (3) The injured person submits to ex- which ths Dodlly Injury Liabilitir Cover- amination, at our expense, by phy- age applies. We do not have to furnish sicians of our choice as often as we these bonds. reasonably require. a The cost of bonds to release attach- 1?W Min ". % _Wllly -' e will a these paymen s regar -less of fault Those payments will not the applicable limit of insurance We do exceed the applicable limit of Insurance not have to furnish these bonds. We will pay reasonable expenses for d All reasonable expenses incurred by the 11) First aid administered at the time of insured at our requwl to assist us In the an accident; Investigation or defense of the claim or 'suit", Including actual loss of earnings 12) Necessary medical, surgical, x-ray up to $250 a day because of time off and dental services,Including pros- from work thet(c devices; and e. All casts taxed against the Insured in the 13) Necessary ambulance,hospital,pro- "suit". e nal nursing and funeral ser- vicice.% f, Prejudgment interest awardad against the s. _ a. that part of the p3dgJlLUl1LWe 2 Exclusions pay. If we make an offer to pay the ap- We will not pay expanses for "bodily in- placable limit of insurance, we will not ' pay any prejudgment interest based on jury tilat period of time after the offer. IrRl ccwdmri e"Iaioi ai tn9/0av savi=oiim ire,.i�is,pohi=w 95200 1 Ed 4-99 �un Ims,nor and cu"".�',i'�s3vlm�iR� iesr ry rGl'(prl�,is in idddollaill{OKI"hi r@Ilea; Page 7 of 17 Received Time Sep. 9. 2009 2: 38PM No, 4837 09109/2009 14:42 Humble & Davenport (FAR)425 255 9342 P.0111020 g. All interest on the full amount of any (21 Provides us with written authorize- judgment that=f On O_ judgment and before we have paid, of- f (aJ Obtain records and other infer- ered to pay, or deposited in court the motion related to the"suit", end part of the judgment that is within the applicable limit of insurance (b) ConduGtapd eant_al. _defame_ _ These payments will not reduce the iIm is of the indemnitee in such "suit"_ of Insurance. 5o long as the above conditions are met, 2. If we defend ah insured against a"suit' and attorneys' fees incurred by us in the de- an iMdPFnRA9e ., at inde as a party to the "suit', we will defend that 'ion expenses incurred by us and necessary indemnitee if all of the following conditions litigation expenses incurred by the indem- are met nitee at our request will be paid as Supple- mentary Payments.Notwithstanding thepro- - - A, against Idle indemnitati seeks isl❑ns o aragrap 2.b. of SECTION I - damages for which the Insured has as- COVERAGEA-BOMLYMURYAND PROP- sumed the liability of the indemnitee in a ERTYDAMAGE LIABILITY, such payments will contract or agreement that is an"insured not be deemed to be damages for "bodily contract; injury' and 'property damage" and will not b. This insurance applies to such liability reduce the limits of insurance, assumed by the insured; Our obligation to defend an insureds In- c. The obligation to defend, or the cost of demnitee and to pay for attorneys' fees and FL.n,ln inse t ..F sf..a•__t___ _r s lit RAhax cnnar as Supple nan _Ul been assumed by the insured in the same tary Payments ends when "insured contract"; a. We have used up the applicable limit of d_ The allegations in the "suit' and the In- insurance in the payment of judgments formation we know about the "occur- or settlemants; or rence"are such that no conflict appears b. The conditions set forth above, or the to exist between the interests of the terms of the agreement described in Insured and the interests of the indem- Paragraph f. above, are no longer met. nitea; - SUAED e. The indemnitee and the insured ask us 1 It you are designated in the Declarations as: ense of to conduct and control the def that indemnitee against such "sull;7 and a. An individual, you and your spouse are agreethatwecan assign the same eoun- incurrde, but only with respect to the sal to defend the insured and the in- conduct of a business of which you are demnitee, and the sole owner. f. The indemnitee: b. A partnership or joint venture, you are ineftrerr v ...I_.._.. ners,and their spouses are also insureds, (a) Cooperate with us in The inves- but only with respect to the conduct of tigation, settlement or defense your business. of the "suit; c, A limited liability company, you are an ►bj immediately send us copies of insured Your members are also insureds, any demands, notices, sum- but only with respect to the conduct of monses or legal papers received your business. Your managers are in- in connection with the "sulE'; sureds, but only with respect to their (c) Notify any other insurer whose duties as your managers• coverage is available to the in- d. An organization other than a partner- demnitee; and ship, joint venture or limited liability (d) Cooperate with us with respect company,you are an insured. Your"ex- to coordinating other applicable 2cu Ive officers" and directors are in- insurance available to the indem- sureds, but only with respect to their nitee; and duties as your officers or directors.Your stockholders are also insureds,but only with respect to their liability as stock- Ird�a:�,nrdn cpyn nI N4earmm i=Ol Im life,N<Jf Iv pYrllrJol SS2001 Ed. 4-99 001VIVn, ires ryt Ir-��smarm,of o r2, i i I [nrwn/ aslood!llanl fwl nrdra+isefc Page 8 of 17 —Received Time—Sep. 9. -2009 2, 38PM No. 4837 0910912009 14:42 Humble&Davenport (FAH)425 255 9342 P.0121020 holders. Your subsidiaries, and subsid- any of your "employees", any _ lar'e�ef Subsidiaries-are-msureds partner or member(IF you are a 11) They are legally incorporated enti- partnership or joint venture),or ties; and any member (if you are a limited (2) You own more than 50%of the=flng liability company). stock in them as of the effective D. y person(other than your"employee"(, date of this policy. or any organization while acting as your real estate manager If such subsidiaries are not shown In the c, Any person or organization having Declarations, must emporaiy Gusto y of your property if us withn 180 days of the inception of this policy. you die, but only: Z Each of the following is also an Insured: (1) With respect to liability arising out of the maintenance or use of that a; Your"employees",cidia, than elther your property, and "executive officers" (if you are an or- ganization other than a partnership,joint been appointed venture or limited liability company) or your managers (if you are a limited ii- d. Your lags[representative if you die,but ability company),but only for acts within only with respectto duties as such That the scope of their employment by you representative will have all your rights or while performing duties related to the and duties under this Coverage Part conduct of your business,However,none Of thOR-2 ..L..... " Anyper-son nl you agree, because of a written con- (1) "Bodily injury" or"personal and ad- tract, to provide insurance such as is vertising injury afforded under this policy,but only with (al To you, to your partners or respect to liability arising out of your members (tf you are a partner- operations, "your work" or facilities ship or joint venture), to your owned or used by you. members(if you are a limited)I- This provision does not apply. ab)lity company),or to a co•-"em- I.. ..n...4:1.. is either in the course of his or sor of (eased equipment, grantor of her employment or performing a franchise, engineer, architect or duties related to the conduct of surveyor; or your business; 12) Unlesr,the contract has been signed (h) To the spouse, child, parent, prior to the date of "hodily injury", brother or sister of that co-"em- "property damage", or "personal or ployee" as a consequence of advertising Injury". Paragraph {t)(a) above Any -to Whom yu (c1 For which there is any obligation are obligated by virtue of a written"in- to share damages with or repay sured contract"to provide insurance such someone else who must pay as is afforded by this policy, but only damages because of the injury with respect to liability ansng cut of described in Paragraphs 0)(a)or the ownership, maintenance, or use of (b) above; or that part of any premises leased to you This does not apply to: (d) Arisipro- viding or falling to provide out of his or her pro- (1) Any "occurrence" that takes place fessional health care services. after you cease to be a tenant on (21 "Property damage"to property. those premises. (2) Structural alterations,new construc- (a) Owned, occupied or used by, lion or demolition operationsper- Rented to, in the care, custody orme y or on Behalf of such in- or control of, or over which sured physical control is being exer- g Any state or political subdivision,but only cised for any purpose by you, as respects legal liability incurred by the Lddv "!In¢r swims olim Lc.will P.�"isim CTyri9S2001 Ed 4-99 cotdga ie� NbryOrIIM+ Itvr�"m'nsFin 12 Ism ry ry pvq,as to adiLval nn4 mxl,Wls(ac Page 9 of 17 —Received Time—Sep. 9. 2009— 2:38PM No, 4837 0910912009 14:42 Humble&Davenport (FAX)425 255 9342 P.0131020 state or political subdivision solely be- offense committed before you acquired calleta it has issued annex o e e orga za Ion. lion with premises you own, rent, or No person or organisation is an insured with control for one or the hazards listed below. respect to the conduct of any current or past partnership,joint venture or limited liability com- L s own as a ame Insure m construction,erection,or removal of the Declarations. advertising signs,awnings,canopies, SECTIOA! III - LIMITS OF INSURANCE cellar entrances, coal holes, drive- ways,maviholes,mar uees,hoistawa openings, s I I vaults, street larations and the rules below fix the most banners or decorations and similar we will pay regardless of the number of: exposures; a Insureds; (2) The construction,erection or removal aims ma a or 'su Ys' rou ht or o e eve ors; or 9 (3) The ownership, maintenance er use c. Persons or organizations making claims of any elevators covered by this or bringing "suits". insurance. 2_ The General Aggregate Limit is tS•ho mostwa 3. With respect to "mobile equipment'rsgis-- will pay for the sum of: tered In your name under any motor vehicle a Damages under Coverage A, except registration law, any person is an insured damages because of "bodily injury" or while driving such equipment along a public .- da a "inC,.J_J I-IL_,L ig way w your permission Any other per- ucts-completed operations hazer d%and son or organization responsible for the con- duct of such person is also an insured, but 1:L Damages under Coverage 9, only with respect to liability arising out of The General Aggregate Limit applies sepa- rhe operation of he equipment and only If rately to each location owned by or rented no other insurance of any kind is available to you. Location,as used here,means pre- to that person or organization for this li- mises involving the same or connecting lots, ability.However,no person or organization or premises whose connection is interrupted Is an insured with respect to: only by tree+ r...,J..„„ a. "Bodily Injury" to a co-"employee of of-way of a railroad the person driving the equipment; or 3. The Products-Compfetsd Operations Ag- b. "Property damage" to property owned gregate Limit is the most we will pay under by,rented to,in the charge-of or orcu- Coveraga A for damages because of"6udily pled by you or the employer of any injury" and "property damage" included in person who is an insured under this the "products-completed operations haz- provision. and". 4 Any ornnni7ation +nc.ndvr cMM, ^ the Personal other than a partnership or joint venture, vertising Injury Limit is the most we will pay and over which you maintain ownership or under Coverage B for the sum of all dam- majority interest,will qualify as a Named In- ages because of all "personal and advertis- sured if there is no other similar insurance ing injury" sustained by any one person or available to that organization. However: organization. a Coverage under this provision is afforded 5. Subject to 2. or 3. above, whichever ap- only until the 180th day after you ac- plies, the Each Occurrence Limit Is the most quire or form the organization or the we will pay for the sum of: end of the policy period, whichever is a Damages under Coverage Ati and earlier; b. Coverage A does not apply to "bodily b. Medical expenses under Coverage C injury" or "property damage" that cc- because of all "bodily Inju "and " ro e curved erure you acquire or ormed arnage arising out of any ane"occurrence". the organization; and 6. Subject to 5. above, the Tenants Legal Li- n Coverage B does not apply to"personal ability Limit is the most we will pay under and advertising injury"arising out of an Coverage A for damages because of"prop- hlh -OWnSh*n-rMdm,iai of 11 n1m rtt r=019M na W1h Ile Fanlodm 9S2001 Ed, 4-98 cgm+dm IMD�ryGral rermLry" C.mT+im'anm l t �viry,".I o oddtiva LLat and ra+Idea Page 10 of 17 —Received Time—Sep• 9. 2009— 2:38PM—No. 4831 09/09/2009 14:43 Humble&Davenport (FAX)425 255 9342 P.0141020 arty damage" to any one premises, while legal papers received in connection Lv e e elm or"suit; you with permission of the owner, arising out of any one "occurrence" (2) Authorize us to obtain records and 7_ Subject to s, above, the Medical Expenseother Information; age C for all medical expenses because of flog or settlement of the claim or "bodify injury"sustained by any one person. defense against the"suit"; and The Limits of Insurance of this Coverage Part 14) Assist us, upon our request, in the period and to any remaining period of less than person or organization which may 12 months, staffing with the beginning of the be liable to the insured because of policy period shown in the Declarations, unless injury or damage to which this in- the policy period Is extended after issuance for surance may also apply, an additional period of less than 12 months. In d. No insured will,except at that insured's that case,the additional period will be deemed own cost, voluntarily make a payment part of the last preceding period for purposes assume any obflgatfon, or incur any ex- of determining the Limits of Insurance. pense, other than for first aid, without SECTION IV - COMMEHMALGENERALLIABILt1Y our consent CONDiI710113 e_ Knowledge of "occurrence", claim or 1. BanKruptcy "surf'by an agent servant or"employee" gankr-uptey or of an insured (other than an officer or pa er ❑es not imply knowledge by of the Insured's estate will not relieve us of the Insured unless the insured has re- our obligations under this Coverage Part ceived notice from the agent, servant 2. Duties in The Event Of Occurrence,Offense, or "employes". Claim Or Suit f. Failure by an agent servant or"employee" a You must see to it that we are notified of an insured [other than an "executive as soon as practicable of an "occur- officer", manager or partner) to notify rence" or an offense which may result us of an "occurrence" will not be con- should include. graphs a and b. above_- {i) How, when and where the "occur- 3. Legal Action Against Us rence" or "offense" took place; No person or organization has a right under (2) The names and addresses of any in- this Coverage Part jured persons and witnesses, and a. To join us as a party or otherwise bring (3) The nature and location of any in- us into a"suit"asking for damages from jury or damage arising out of the an insured, or "occurrence" or offense. h To sue us on this Coverage Part unless b. If a claim is made or "suit" is brought all of its terms have been fully complied against any insured, you must with 11) Immediatuly record the specifics of A person or organization may sue us to re- the claim or"sulY' and the date re- cover on an agreed settlement or on a final' calved; and judgment against an insured obtained after an actual trial; but we will not be liable for 12) Notify us as soon as practicable. damages that are notpayable under the terms You must see to Itthat we receive written of this Coverage Part or that are in excess notice of the claim or "suit' as soon as of the applicable limit of insurance.An agreed practicable. settlement means a settlement and release of liability signed by us,the insured and the c. You and any other involved fnsured ml rat• claimant or the rialim— 11) Immediately send us copies of any five. demands, notices, summonses or 4, Motor Vehicle taws ln&A=U+yoijllud"Itewl o1 Llb,ti Swlcw OrRm ke,Wd,11.F n=dm ice=Savi=orar�I=, 1957 9S2D01 Ed, 4-99 ear^da lsaae "r aoaally to w"y m"mood le.tmcey"l am Page 11 of 17 —Received Time—Sep. 9. -2009— 2: 38PM—No, 4837 0910912009 14:43 Humble&Davenport (FAX)425 255 9342 P.0151020 With respect to"mobile equipment!'to which SECTION i - COVERAGE A - OPERTY a When this Coverage Part is certified as DAMAGE LIABILITY_ proof of financial responsibility under (2) Any other primary insurance avail- the provisions of any motor vehicle fi- able to you covering iiabiJity for nanclai ressnnnsibilit law, the insumnre damages arising our or the premises provided by the Coverage Part for Bodily or oporations for which you have inJury Liability or Property Damage Li- been added as an additional Insured ability will comply with the provisions by attachment of an endorsement of the law to the extant of the cover- ag an Iml s o Insurance required by I surance is excess, we will that law. have no duty under Coverages A or B to defend the insured against any claim or b. We will provide any liability, uninsured "suit" If any other insurer has a fluty to motorists, underinsured motorists, no- de au _or a er coverages required by any .1suit". if no other insurer defends, we motor vehicle insurance law. We will will undertake to do so, but we will be provide the required limits for those entitled to the insured's rights against all coverages. those other insurers. 3. Other I surance When this insurance is excess over other eerr valid and collectible I r nce' avail- insurance, we will pay only our share of able to the insured for a loss we cove(a sr the amount of the loss, If any, that ex- Coverages A or 13 of this Covera e�Ra ceeds the sum of: our o i a ions are limited as follows (1) The total amount that all such other EL Primary insurance insurance would pay for the loss In the absence of this insurance; and This insurance is primary except when 12) The total of all deductible and�clf- b_below applies. If this insurance is pri- insured amounts under all that other mary, our obligations are not affected Insurance unress any of the other insurance is also primary.Then,we will share with all that We will share the remaining lass, if any, other insurance by the method described with anv o Ir a+1z not - c, a ow_ Iscribed in this Excess insurance provi- b. Excess insurance slon and was not bought specifically to apply in excess of the Limits of Insur- This insurance is excess over: ante shown in the Declarations of this (1) Any of the other Insurance,whether Coverayu Part primary,excess,contingent or on any c. Method Of Sharing other basis: If all of the other insurance permits corn ia) That is Fire,Extended Coverage, tr'butio ir,o will foil-- Builder's Risk, installation Risk or this method also. Under this approach similar coverage for"your work'; each insurer contributes equal amounts until it has paid its applicable limit of [bl That insures far direct physical insurance or none of the loss remains, loss to premises rented to you whichuvur comes first or temporarily occupied by you with permission of the owner; If any of the other insurance does not permit contribution by equal shares, we (c) That is insurance purchased by you to cover your liability as a will contributo by rlmits. Under this tenant for"property damage'C o a method, oath insurers share is based premises rented you or tern— on the ratio of its applicable limit of porarily occupied by you with insurance to the total applicable limits permission of the owner; or of Insurance of all insurers. e oss arises out of the main- tenance or use of aircraft, "au- tos" or watercraft to the extent not subject to Exclusion g, of Irdidaa ssWridn "1'fiaro+w`sovia low j=.l IM7 a"�Fanijmat 9S2001 Ed. 4-99 c!WOII. Isle f-b Yreid r-"IV C'Raq,as Is)DIUIJ I Lad and rmtZloc Page 12 of 17 —Received Time—Sep. 9. 2009 2. 38PN-No, 4837 09109/2009 14A3 Humble&Davenport , (FAX)425 255 9342 P.0161020 a_ We will compute all premiums for this will not invalidate or affect coverage for naver2gai Part In accordance Wi,U1 oul those premises or operations.But you must rules and rates. report such error or omission to us as soon h Premium shown in this Coverage Part as practicable after its discovery, as advance premium is a deposit pre- 11.When We Do Not Renew period we will compute the earned pre- if we decide not to renew this Coverage mrum for that period. Audit premiums Part,we will mail or dallver to the first Named are due and payable on notice to the Insured shown in the Declarations written first Named Insured. If the sum of the notice of the non-renewal not less than 30 advance and audit premiums paid for the days beforea exp rauon a e- policy period is greater than the earned if notice is mailed, proof of mailing will be premium, we will return the excess to sufficient proof of notice. the first Named Insured_ e tirst NamedInsured must keep records of the information we need for 1. ''Advertisement"means a notice that is broad- premium computation,and sand us copies cast or published to the general public or at such times as we may request specific marketsegments about your goods, products or services for the purpose of 7. Representations attracting customers or supporters. By accepting this policy, you agree: 2. "Auto" means a land motor vehicle, trailer a. The statements in the Declarations are or semitrailer designed for travel on public a rirafa and n in 1—n- equipment But"auto"does not include"mob{le b. Those statements are based upon rep- equipment'. resentations you made to us; and 3. "Bodily injury"means bodily Injury,sickness c. We have issued this policy in reliance nr disease sustainad by a parson. This in- upon your representations. eludes mental angulsh, mental injury, shock, B. Separation Of insureds fright or death resulting from bodily injury, sickness or disease. Except with respect to the Limits of Insur- " nre, andany rights oi= dtjr�esspecifical CnVPran a ritnn,' assigned in this Coverage Part to the first a_ The United States of America (including Named insured, this insurance applies: its territories and possessions), Puerto a. As if Each Named Insured were the only Rico and Canada; Named Insured; and b. International waters or airspace, pro- b. Separately to each insured agalnstwhom vided the injury or damage does not claim is made or "suit" Is brought occur in the course of travel or trans- portation to or from any place not in- 9. Transfer Of Rights Of Recover aainst in a Offers To Us c All parts of the world if: If the insured has rights to recover all or 1 part of any payment we have made under 1) The injury or damage arises out of this Coverage Part, those rights are trans- lal Goods or products made or sold ferred to us. The insured must do nothing by you in the territory described after loss to impair them At our request, in a. above; or the insured will bring"suit'or transfer those {61 The activities of a 'son whose rights to us and help us enforce them, home is In the territ ry iiabcnbed This condition does not apply to Coverage in a above,butts away for a short C. Medical Expenses. time on your business; and 10.Unintentional Errors And Omissions (2) The Insured's responsibility to pay An uniRtentienal error ur oil"as'on in the damages 1&(later din •f, description of, or failure to completely the merits,in the territory described describe, any premises or operations in- in aabove or in a settlement we agree tended to be covered by this Coverage Part to. lndL.Lk ccW jwd rmewial W I�svmra,afrnt im.mih Ib prrri_dm 9S2001 Ed. 4-99 Ccmnuh• r%ww-roi �i1@'orc�I,r 1997 P��M•nn toodiuwl Iwl nrd rwlhvu Page 13 of 17 Received Time—Sep, 9. -2009— 2: 38PM No. 4837 0910912009 14:44 Humble&Davenport (FAX)425 255 9342 P.0171020 5. "Employee"includes a"leased workar"."Em- to a third person or or anfzat. Tort " . r J y means aliabilitythat would be worker' imposed by law in the absence of any H. "Executive officer'means a person holding contract or agreement any of the officer positions created by your Paragraph f. does not include that part n ac or agreement similar governing document (1} That indemnffiesa railroad for"bodily 7. "Hostile fire" means one which becomes injury" or"property damage" arising uncontrollable or breaks out from where it out of construction or demolition was irttgnicled to he operations, wd in 50 feet of any 8. "Impaired property" means tangible prop- railroad property and affecting any erty, other than "your product" or "your railroad bridge or trestle, tracks, work",that cannot be used or is less useful road-beds, tunnel, underpass or her uSe- crnccing- a. It incorporates "your product' or"your (2) That indemrJffies an architect, engi- work" that is known or thought to be Neer or surveyor for Injury or darn- defective, deficient,inadequate or dan- age arising out of: geroug_ or (a) Preparing, approving, or fang b. You have faded to fulfill the terms of a to prepare or approve, maps, contract or agreement; shop drawings,opinions,reports, if such property can be restored to use b o�derpr field ordersd Speer '� r s g�� -pe a. The repair, replacament adjustment or fications; or removal of "your product' or "your (b) Giving directions or instructions, work"; or or failing to give them, if that is b. Your fulfilling the terms of the contract the primary cause of the injury or agreement or damage; or 9, "Insured contraOC' means: (31 Under wlifch the insured, if an ar- chitect engineer or surveyor, as- a A contract for a lease of s I'ahility Jr ; . ,._ 4- 01 owever, that portion of the contract age arising out of the insured's for a lease of premises that Indemnities rendering or failure to render pro- any person or organization for damaga fessional services, including those by fire to premises while rented to you listed in (2) above and supervisory, or temporarily occupied by you with inspectlon,architectural or engineer- permission of the owner is not an"in- ing activities sured contract; 10."Leased worker' means a person leased to b. A sidetrack agreement; you by a labor leasing firm under an a ree- c. Any easement or license agreement, n you an e a or leasing firm, except in connection with construction to perform duties related to the conduct of or demolition Operations on or within Your business. "Leased worker' does not 50 feet of a railroad; include a Oternporary worker. d An obligation,as required 6y Ordinance, t 1."Loading or unloading" means the handling to indemnify a municipality, except in of property: connection with work for a municipal- a After it is moved from the place where Ity: it is accepted for movement Into or onto a. 'An elevator maintenance agreement; an aircraft, watercraft or "auto"; f. Thatpart of any other contract Or agree- b. While it is In or on an aircraft, water- ment pertaining to your business(includ- ing an indemnification of a munfcfoa't c. While is beinn movad n connect on with work performed for craft, watercraft or "auto"to the place a municipality) under which you assume where it Is finally delivered: the tort liability of another party to pay for"bodily injury"or"property damage" but"loading or unloading" does not include the movement of property by means of a IrcJ,das—ynd1Ld, q1Mial or'—srVk=o1ffM hc,rJ,f,lm PMMErJM CCD 1997 962001 Ed. 4-39 �dn IMR Nryfam TL Gw�rC.,p y.�arrm oil su- l i l and rm J rs Page 14 of 17 —Received Time—Sep. 9. -2009 2:38PW_k4837 09109/2009 14:44 Humble&Davenport (FAX)425 255 9342 P.0181020 mechanical device,other than a hand truck, (3) Air compressors, pumps and gen— that IS net-,attashad-#o tie A Cl?3fik UVIItel — o including spraying,welding, craft or "auto". building cleaning,geophysical expfo- 12"Mobile equipment" means any of the fol- ration, lighting and well servicing lowing types of land vehicles, including any equipment means an accident, lincludIng a Bulldozers, farm machinery,forklifts and continuous or repeated exposure to sub- other vehicles designed for use princi- stantia)fy the same general harmful condl- pally off public roads; bons• 153. verlicies maintained for use solely an 147 a ve s ng In ur means m- or next to premises you own or rent: jury, including consequential"bodily Pnjury", arising out of one or more of the following c Vehicles that travel on crawler treads; offenses: rest,detention or Imprisonment, maintained primarily to provide mobility to permanently mounted. 6 Malicious prosecution; (1) Power cranes,shovels,loaders,dig- c• The wrongful eviction from, wrongful gets or drills; or entry InW, or invasion of the right of prJvate occupancy of a room, dwelling 121 Road construction or resurfacing or premises that a person occupies, equipment such as graders, scrap— committed by or on behalf of its owner, ers or rollers; landlord or lessor; e Vehicles not described in a., b., c.or d, d Oral or written publication of material above that are not self—propelled and that slanders or libels a person or or— are maintained primarily to provide mo— ganization or disparages a person's or bility to permanently attached equipment organization's goods, products or ser— of the following types vices; (1) Air compressors, pumps and gen— e. Oral or written publication of material orators, including spraying, welding, that violates a person's right of privacy; building cleaning,geophysical expfo— M' r nria ' IP.d.....— ..,.J equipment; or style of doing business; or (2) Cherry pickers and similar devices g. Infringing upon anottier's copyright,trade used to raise or lower workers; dress or slogan in your"advertsement". f Vehicles not described in a, b., c,or d. 15."Pollutants' mean any solid, liquid, gaseous above maintained primarily for purposes or thermal irritant or contaminant, including other than the transportation of per- smoke, vapor, soot, fumes, acids, alkalis, sons or cargo. chemicals and waste.Waste includes mate- S anc P ycle r.rli e... o _ owever, self—propelled vehicles with claimed the following types of permanently at— tached equipment are not"mobile equip- 16 "products-completed operations hazard": mant" but will be considered "autos"- a Includes all "bodily injury" and"property (1) Equipment with a gross vehicle damage" occurring away from premises weight of 1000 lbs. or more and you own or rent and arising out of"your designed primarily for, product" or "your work" except {a) Snow removal; (1) Products that are still In your physi- cal possession; or (b) flood maintenance, but not con- (z) Work that has not yet been com- pleted or abandoned However,"your (c) Street cleaning; work" will be deemed completed at (2) Cherry pickers and similar devices e earliest of the following times; mounted on automobile or truck (a) When all of the work called for chassis and used to raise or lower in your contract has been com- workers; and pieted Ird.d""tapirid:ml rmlarfal at Iron,r .4�vf� ®r.;4c,vial ld ls."issic. 9S2001 Ed 4-99 MtWOn IRK M in.ml coyly�,r•01 roadie 1lI1v and=Is= Page 15 of 17 Received Time—Sep. 9. -2009— 2:38PM No. 4837 09109/2009 14:44 Humble&Davenport (FAX)425 255 9342 P.O191020 (b) When all of the work to be done b. Any other altemattvs dispute resolution at the job Site has been con proceeding in which such damages are plated If your contract calls for claimed and to which the insured sub— work at more than one job site. mits with our consent (c) Whan that part of the work done 19."Temporary worker" means a person who at a�ala site has ose s Ise o you to substitute for a per intended use by any person or manent "employee" on leave or to meet organization other than another seasonal or short—term workload condition,. contractor or subcontractor working on the same project 20."Your product' means: Work that may need service,main— a Any goods or products, other than real tenance, correction, repair or re— property, manufactured, sold, handled, placement, but which is otherwise distributed or disposed of by. complete, will be treated as com— pee . b, Also includes "bodily In'ur 'and" ro _ (2) Others trading under your name;or arty damage'arising from the consurnp— (3) A person or organization whose tion of food or beverages sold,handled business orassetsyou have acquired; or distributed as "your product' at any and premiss you awn or rent b- Containers (other than vehicles), mate— C. Does not include"bodily injury"or"prop- rials, parts or equipment furnished in arty damage" arising out of: connection with such goods er orod— uc s, (1) The transportation of property,un— less the injury or damage arises out "Your product' includes: of a condition In or on a vehicle a. Warranties or representations made at created by the "loading or unload— any time with respect to the fitness, ing" of that vehicle; quality, durability, performance or use (2) The existence of tools, uhinstalled of"your product'; and equipment or abandoned or unused b. The providing of or failure to provide materials; or (3) Products or operations for which the "Your product'doas not include vending ma— classification, listed in this Cover— chines or other property rented to or lo— agePart,states that products—com— pleted operations are subject to the ca#ed for the use of others But not sold. General Aggregate Limit 21."Your work" means: 17.'Property damage" means: a Work or operations performed by you a Physical injury to tangible property, In— or on your behalf, and -- umis e property. All such loss of use shall be in connection with such work or op— deemed to occur at the time of the erations physical injury that caused it; or "Your work" includes- b. Loss of uec of tangible property that is a. Warranties or representations made at not physically injured. All such loss of any time with respect to the fitness, use shall be deemed to occur at the lime quality, durability, performance or use of the 'occurrence that caused It of "your work';and 18.'SL[f' meare a civil proceeding iih which b. The providing of or failure to provide damages because of"bodily Injury","prop— warnings or instructions. erty damage" or "personal and advertising injury" to which this insurance applies are SECTION VI - NUCLEAR ENERGY LIABILITY alleged "Suit?' includes EXCLUSION a An arbitration proceeding In which such The insurance does not apply: damages are claimed and to which the insured mustsubmit or does submitwith 1. Under any Liability Coverage, to "bodily in— cur consent; or jury" or"property damage" IrcAdas crpodaal IM]Wul d Irmrarca Fi•tFy-olr, .Im.Ndr 1,P,,N4m 9S2001 Ed 4-99 cy� ,�ao,pyrr 1�.Ia'°m'arnm1=. IM7 r ry Carprq,as Iaacuga l unr nN rwloay Page 16 of 17 —Received Time—Sep. 9, -2009— 2: 38PM No, 4837 09/0912009 14:45 Humble 8 Davenport (FAX)425 255 9342 P.0201020 a. With respect to which an Insured under As used in this exclusion: nuclear energy liability policy issued by "Hazardous properties' include radioactive, Nuclear Energy Liability insurance As- toxic or explosive properties sociation, Mutual Atomic Energy Liabil- "Nuclear material" means"source material," ity Underwriters,Nuclear Insurance As- and " o aria a or any of their material,"which have the meanings given them sociarionsuccessors,or would be an Insured under in the Atomic Energy Act of 1954 or in any any such policy but for its termination law amendatory thereof; upon exhaustion of its limits of liability; or "SWlt fuel" weans arry-fIIei�;�, component, solid or liquid, which has been b. Resulting from the"hazardous proper- used or exposed to radiation in a nuclear ties" of "nuclear material" and with re- reactor"; spent to which I I)any person or orga- nization is rennired+ r "Waste" Mean wastM meta'-' "' --�__,-� -.o-,.antain�in3,.eia�- a-�r- protection pursuant to the Atomic En- taining"by-product material"other than the ergy Act of 1954, or any law amenda- tailings or wastes produced by the extrac- tory thereof, or (2) the Insured is, or tion or concentration of uranium or thorium had this policy not been issued would from any ore processed primarily for its be,entitled to indemnity from the United "source material" content, and (2) resulting States of America,or any agency thereof, from the operation by any person or erga- under any agreement entered into by the nization of any"nuclear facility"included under United States of America,or any agency the first two paragraphs of the definition thereof, with any nerann ar iaa- of "nuclear farili��" tion. "Nuclear facility" means: 2. Under any Medical Expenses coverage, to a. Any "nuclear reactor"; expenses incurred with respect to "bodily injury"resulting from the"hazardous prop- h Any equipment or device designed or erties' of "nuclear materlal"and arising out used for (I I separating the Isotopes of of the operation of a "nuclear facility" by uranium or plutonium,(2)processing or any person or organization, utilizing"spent fuel",or(3)handling,pro- cessing or packaging "waste"; 3. Under env L PfanP t "hn'li l., l — jury' or "property damage" resulting from c. Any equipment or device used for the the"hazardous properties"of"nuclear ma- processing, fabricating or alloying of terial", If: "special nuclear material" if at any time the total amount of such material in the a. Tha"nueiear material"(1)is at any nuclear custody of the insured at the premises faclllty owned by, or operated by cr on where such equipment or device is lo- behalf of, an insured, or (2) has been sated consists of or contains more than discharged or dispersed therefrom; 25 grams of plutonium or uranium 233 b The "nuclear material" +�R _ or anv rnmF,in tF 2-f OF M e U- "spent fuel" or"waste"at any time pos- 250 grams of uranium 235; sessed,handled,used,processed,stored, d. Any structure, basin, excavation, pre- transported or disposed of by or on mises or place prepared or used for the behalf of any insured; or storage or disposal of "waste"; c. The "bodily injury" or "property dam- and includes the site on which any of the age" arises out of the furnishing by an foregoing is located,all operations conducted Insured of services, materials, parts or on such site and all premises used for such equipment in connection with the plan- operations; ning,construction,maintenance,opera- tion or use of any "nuclear facility", but "Nuclear reactor" means any apparatus de- if such facility is located within the United signed or used to sustain nuclear fission in States of America, its territories or a self-supporting chain reactionortocon- ions or Ca ad , i rf tain a c itr -h1-opeps only to"property damage"to ^property damage"includes all forms of ra- such "nuclear facility" and any property dioactive contaminatlon of property. thereat Ird,dv a*rdd=d mlyyaiat ur In j=S.v;=omay lie,wihiu µ�m!mim C"rr197 9S2001 Ed 4-99 �� IQ39 !Aryrve C.a.1.aary CmTwre,°s o aldidavl9 ed and rn4 bu Page 17 of 17 —Receiaed Time—Sep. 9. -2009— 2:38PW-No. 4837 REQUEST FOR MAYOR'S SIGNATURE Please FIII in All Applicable Boxes KENO This WhSNINGTON form must .be printed on cherry paper Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Originator Beth Tan Phone (Originator) 5552 Date Sent 8/3/11 Date Required. 8/10/11 Return Signed Document to Nancy Yoshitake CONTRACT TERMINATION DATE: 12/31/12 VENDOR NAME: Rittenhouse Consulting DATE OF COUNCIL APPROVAL: 8/2/11 Brief Explanation of Document The attached agreement is for Rittenhouse Consulting to provide professional negotiation services for the acquisition of right-of-way for the SR 516 to 231st Way Levee project For a summary, please see the attached prepared by Beth Tan RECENED All Contracts Must Be Routed Through the Law Department (This Area to be Completed By the Law Department) Received Clty of Kent RECEIVED UZ: the MaYOr ' Approval of Law Dept r�/' ( Law Dept Comments AUG 04 2011 /tVvvk !CENT LAW D-EPT. Date Forwarded to Mayor f Shaded Areas to Be Completed by Administration Staff Received: Recommendations & Comments: Disposition: /47 CFV Y K'PW Date Returned: Iage5870_templatebase • 2/07